From the OS: Gator drags child into Seven Seas Lagoon

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Baltar

$4 billion for EPCOT
The signs and fencing is tantamount admission of guilt. But isn't that how it happens? (In general. Not just Disney.) Changes are made reactively after something goes wrong instead of proactively.

No it is not. The law does not look at this as admission of guilt. In this case where it's wildlife, you can only find a place negligent if they ignore a known problem. Since there has not been a fatality in the history of WDW from a gator until now, they haven't been negligent. But if another person is attacked in the future and they do not change anything after this tragic loss of the boy, you bet that Disney would be found negligent and cost them hundreds of millions.
 

21stamps

Well-Known Member
I don't care how bad the fence may look. What's the big deal? A stupid fence or someone else getting injured or killed, no matter how small some of you think the risk is. For goodness sakes, a precious child died a terrifying, pain-filled death. His parents have to live with this every day for the rest of their lives. I am devastated, and he wasn't even my child. Their pain must be unbearable.
If this fence stops even one death, then it's necessary.
I am so very thankful they are putting up this fence.
By this rationale we should close and fence in every beach and park in Florida.
 

s8film40

Well-Known Member
No it is not. The law does not look at this as admission of guilt. In this case where it's wildlife, you can only find a place negligent if they ignore a known problem. Since there has not been a fatality in the history of WDW from a gator until now, they haven't been negligent. But if another person is attacked in the future and they do not change anything after this tragic loss of the boy, you bet that Disney would be found negligent and cost them hundreds of millions.
So if a CM had warned of guests feeding the gators wouldn't that constitute a known problem?
 

Tigger1988

Well-Known Member
I don't care how bad the fence may look. What's the big deal? A stupid fence or someone else getting injured or killed, no matter how small some of you think the risk is. For goodness sakes, a precious child died a terrifying, pain-filled death. His parents have to live with this every day for the rest of their lives. I am devastated, and he wasn't even my child. Their pain must be unbearable.
If this fence stops even one death, then it's necessary.
I am so very thankful they are putting up this fence.
45 years and this happened once. If people listen to the signs it's not likely to happen again.

Better close up Florida, people! It's one big risk.
 

Baltar

$4 billion for EPCOT
So if a CM had warned of guests feeding the gators wouldn't that constitute a known problem?

Do you have a sworn affidavit that a cast member had saw alligators near GF and Disney ignored the info? Sure. But since that's probably not what happened, I'll say they are okay. Since Disney has the FWC saying how proactive Disney is about removing gators, they'll have that information to back up they were never ignoring an alligator problem.
 

ford91exploder

Resident Curmudgeon
Yeah if it's not in the media Disney typically will allow it to go to court or pay a small sum to keep it out of court. In these high profile cases they seem to do whatever they can to keep it out of court. Someday I could see someone come along and just want to expose the truth for their own personal closure and for the benefit of the public.

Right now Disney Legal is asking 'how much' from the Family, No way does Disney want this dragged out in court for months.
 

rael ramone

Well-Known Member
I keep thinking one day someone's going to come along who doesn't care about money and refuse to take the big check.

If you're thinking about them 'wanting their day in court', I believe it is plausible. They may want to extract an admission of guilt. They may believe 'the greater good' demands their failings be brought to light so it doesn't happen again to anyone else - perhaps even the hope that a civil trial plants the seeds for a criminal trial...
 

Baltar

$4 billion for EPCOT
If you're thinking about them 'wanting their day in court', I believe it is plausible. They may want to extract an admission of guilt. They may believe 'the greater good' demands their failings be brought to light so it doesn't happen again to anyone else - perhaps even the hope that a civil trial plants the seeds for a criminal trial...
The civil case will be hard enough to prove. With the sheriff's dept going on about how this was an unfortunate accident and constantly praising Disney's handling, you aren't gonna get any leg to stand on with a criminal case.
 

s8film40

Well-Known Member
Do you have a sworn affidavit that a cast member had saw alligators near GF and Disney ignored the info? Sure. But since that's probably not what happened, I'll say they are okay. Since Disney has the FWC saying how proactive Disney is about removing gators, they'll have that information to back up they were never ignoring an alligator problem.
Well there is a CM coming forward and stating this. Specifically that it was the changes made at the Polynesian that have made it easier for guests to feed the gators. If a legal team starts looking into this and finds even more evidence they might very well have a strong case.
 

JohnD

Well-Known Member
Thank you for quoting me so I could screen shot what my original message said, vs. what it says now. Always went to Wdwmagic first, but changing what I said, which was nothing inflammatory, is not so credible

Thank you.. Like I said, just wanted to share. Heck, I may be a Disney Life styler.

Just wanted to share, if no one knew yet, but thank you. :)

You're welcome. We all want to provide what we know when we know. Some of us really do appreciate when the effort is put forward.
 

Baltar

$4 billion for EPCOT
Well there is a CM coming forward and stating this. Specifically that it was the changes made at the Polynesian that have made it easier for guests to feed the gators. If a legal team starts looking into this and finds even more evidence they might very well have a strong case.
I've seen the innuendo. But again, one CM saying it doesn't make it fact. He could be a disgruntled attention seeker telling the media things they want to hear. Factual data on alligator removal will be far more credible.
 

s8film40

Well-Known Member
I've seen the innuendo. But again, one CM saying it doesn't make it fact. He could be a disgruntled attention seeker telling the media things they want to hear. Factual data on alligator removal will be far more credible.
Could be I definitely agree, but if a court brough in emails as evidence and there were exchanges between his direct managers with superiors about the issue and nothing was done it could be really bad for Disney. Knowing of an ongoing behavior that is making the alligators more dangerous would be a big issue.
 

Baltar

$4 billion for EPCOT
Could be I definitely agree, but if a court brough in emails as evidence and there were exchanges between his direct managers with superiors about the issue and nothing was done it could be really bad for Disney. Knowing of an ongoing behavior that is making the alligators more dangerous would be a big issue.
Yes of course. If that existed absolutely. I'm just saying I am focusing on what most likely happened. There certainly could be a "CSI plot" in this story but we just haven't seen it yet.
 

21stamps

Well-Known Member
Ok Florida people help me out-

I've never lived west of US1, so didn't worry about gators at my house.
But if you are sitting by my pool and some kind of animal (not my dog) attacks you, I was under the impression that I'm not liable.

I admit I never paid too much attention to those laws. Does anyone else know?
 
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